Court of Appeal Frees Two Men After Fatal Legal Error Uncovers Flaw in Death Sentence Case

A major legal development has seen the Court of Appeal overturn the conviction and death sentence of two men who had spent years fighting their case in the justice system.

Benard Ingunza and David Libabu had initially been convicted in 2009 over allegations of a violent robbery in Kivagala, Vihiga County. They were accused of attacking a woman in her home and stealing household items, livestock, electronics, and cash amounting to KSh 22,450. The complainant also reported being assaulted during the incident.

A magistrate's court found them guilty and sentenced them to death. The ruling was later upheld in 2013 by the High Court in Kakamega, which accepted the victim's identification of the attackers, noting that she claimed to know them personally and gave a consistent account of events.

Judicial Error Discovered

However, the Court of Appeal has now overturned those decisions, citing serious procedural and legal errors in how the case was handled.

One of the key findings was that a judge who participated in the earlier proceedings was serving in the Employment and Labour Relations Court at the time, a court that is not legally mandated to handle criminal matters. This irregularity raised questions about the validity of the proceedings.

As a result, the appellate court ruled that the conviction could not stand, leading to the cancellation of the death sentences. The court ordered the immediate release of both men.

Impact on Vihiga Community

The decision marks a dramatic end to a case that has stretched for more than a decade, raising renewed discussion on judicial procedure and fairness in the justice system.

Residents of Kivagala and the broader Vihiga community have expressed mixed reactions to the verdict. While some celebrate what they see as a correction of a miscarriage of justice, others remain concerned about the implications for victims of violent crime in the region.

"This case highlights the importance of proper judicial procedure in our courts across Vihiga County and western Kenya. Justice must not only be done but be seen to be done according to the law."

The case has brought attention to the need for rigorous adherence to legal standards in courts serving Vihiga, Kakamega, and surrounding counties in western Kenya.